Research On Legal Issues Of Public Partipition In Environmental Impact Assessment

Because of the scientific uncertainty of environmental problems,avoiding environmental pollution is more important than mitigating environmental pollution.Environmental protection emphasizes prevention.As a concrete embodiment of the precautionary principle,environmental impact assessment system is conducive to controlling pollution from the source and overcoming the limitations of interim and post-treatment.As an important part of environmental impact assessment,effective public participation is of great significance for ensuring scientific and rational environmental decision-making,coordinating conflicts of interest and realizing the institutional function of environmental impact assessment.The purpose of this paper is to summarize the existing problems of public participation in environmental impact assessment through empirical investigation,combined with the current legislative situation,and put forward corresponding suggestions and countermeasures from the perspective of improving the legal effectiveness of public participation.This paper systematically reviews the legislative status of public participation in environmental impact assessment in China,and selects 63 environmental impact reports approved by Yunnan Province's competent ecological environment authorities in 2018 as the research object.It conducts a survey on the implementation status of public participation from four aspects:information publicity,public participation,the number of public participants and public feedback.Based on the current situation of legislation and investigation results,it is pointed out that there are some problems in the public participation of environmental impact assessment in China,such as insufficient organization of public participation;insufficient communication and consultation among relevant subjects;low enthusiasm for public participation;imperfect legal guarantee mechanism.Then,it introduces the legislative status of public participation system of environmental impact assessment in foreign countries,and summarizes the experience worth learning.Finally,in view of the problems summarized above,the following suggestions are put forward to improve the public participation system of environmental impact assessment in China,based on China's national conditions,linking with the legislative frontier and drawing on the useful experience of foreign countries;improving the degree of organization of public participation;improving the consultation mechanism of public participation in environmental impact assessment;establishing the incentive mechanism of public participation interests;and strengthening the law of public participation.Legal guarantee mechanism,rational use of new media to organize public participation,etc.